Zurcher v. Herveat

Plaintiffs Diane Zurcher and James Zurcher appeal as of right the trial court’s denial of their pretrial motion for summary disposition, arguing that a document signed by them and defendant Barbara Herveat constituted a binding contract for the Zurchers’ purchase of Herveat’s real property in Torch Lake Township. The basic issue before us is whether there was a binding contract between the parties or whether Herveat’s additions to the purchase agree-*271merit converted her acceptance into a counteroffer. The resolution of this issue is complicated by the fact that the underlying action was one…